Smith v. McLaughlin
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.
1Opinion of the CourtJustice Scanlan
The appellant contends: (1) That under section 7 of the Mechanic’s Lien Act of 1903 (J. & A. ¶ 7145), “the filing of a claim for a lien is a condition precedent to the successful prosecution of a suit to foreclose a mechanic’s lien, unless such suit is begun within four months after the completion of the work. * * *
Since appellee did not aver in his bill and prove upon the hearing that he had filed a claim for lien with the clerk of the Circuit Court, the decree in his favor is erroneous and must be reversed.” (2) That the appellee did not complete his contract to the satisfaction of the…
2Cases cited4 opinions
- Schmidt v. AndersonIllinois Supreme Court · 1911
- Bloomington Hotel Co. v. GarthwaitIllinois Supreme Court · 1907
- Zander Reum Co. v. Congregation B'Nei MosheAppellate Court of Illinois · 1911
- Kelley v. SpringerIllinois Supreme Court · 1908
3Cited by2 opinions
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- F. E. Schoenberg Manufacturing Co. v. Broadway Central Hotel Corp.Appellate Court of Illinois · 1930